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Friday 20 April 2018
Backpage Pimp Sentenced to Fifteen Years for Sex Trafficking a MinorRead the Press Release
Richard Rodriguez Gray, 34, of Overtown, was sentenced yesterday in Miami, Florida, by U.S. District Court Judge Jose E. Martinez of the Southern District of Florida, to 15 years in prison, 25 years of supervised release, and sex offender conditions, including compliance with the Adam Walsh Act requirement that Gray register as a sex offender for life. Gray previously pled guilty to sex trafficking a minor.
Benjamin G. Greenberg, United States Attorney for the Southern District of Florida and Robert F. Lasky, Special Agent in Charge, Federal Bureau of Investigation (FBI), made the announcement.
According to the court record, on November 28, 2017, Gray posted an advertisement on www.backpage.com, in the South Escort section of the South Florida Adult Entertainment portion of the website. The advertisement included two, clothed pictures of a 16-year old minor victim and provided contact information for Gray.
On or about December 7, 2017, law enforcement, in an undercover capacity (“UC”) responded to the advertisement posted on www.backpage.com as an interested client by sending text messages to the telephone number that Gray posted. Gray and the UC agreed that the minor victim would have sex with the UC for one hour for approximately $250. Gray and the UC further agreed that the UC could meet the minor victim in a motel room in Miami, Florida.
On December 8, 2017, at approximately 1:00 a.m., Gray and the minor victim arrived at the motel, where law enforcement was waiting to recover the minor. Gray had escorted the minor victim to the hotel to engage in prostitution. Gray was taken into custody at the hotel.
Mr. Greenberg commended the investigative efforts of the FBI. Mr. Greenberg also thanked the FBI Child Exploitation Task Force and Miami-Dade Police Department for their dedication to this matter. This case was prosecuted by Assistant U.S. Attorney Daniel Cervantes.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida atwww.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Ambridge Man Pleads Guilty in Conspiracy to Distribute Multiple DrugsRead the Press Release
PITTSBURGH – A resident of Ambridge, Pennsylvania, pleaded guilty in federal court to a charge of violating federal narcotics laws, United States Attorney Scott W. Brady announced today.
Kevin Grace, 36, pleaded guilty before Chief U.S. District Judge Joy Flowers Conti.
According to information presented to the court, from in and around November 2015, and continuing thereafter to in and around May 2016, Grace and others conspired with one another to distribute and possess with intent to distribute heroin, fentanyl, and crack cocaine. Kevin Grace specifically pleaded guilty to conspiring to distribute and possess with intent to distribute 100 grams or more of heroin, 280 grams or more of crack cocaine, and a quantity of fentanyl. Also, Grace pleaded guilty to possessing with intent to distribute cocaine and crack cocaine on May 13, 2016.
Chief Judge Conti scheduled sentencing for July 30, 2018 at 3:30 p.m. The law provides for maximum total sentences ranging from up to 20 years in prison to up to life in prison, as well as a mandatory minimum sentence starting at ten years in prison. The law also provides for fines ranging from $250,000 to up to $10,000,000. In addition, the United States is seeking to forfeit $11,124 in United States currency, which was seized from Kevin Grace. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Cindy K. Chung is prosecuting this case on behalf of the government.
A federally administered Organized Crime and Drug Enforcement Task Force (OCDETF) conducted the investigation leading to the successful prosecution of Grace. The task force is headed by the Drug Enforcement Administration and is comprised of members drawn from the Pennsylvania Office of the Attorney General, Ambridge Police Department, New Brighton Police Department, Beaver Police Department, Aliquippa Police Department, Moon Township Police Department, Wilkinsburg Police Department, West Mifflin Police Department, Allegheny County Police Department, Duquesne Police Department, Munhall Police Department, Allegheny County Sheriff’s Office, Pittsburgh Bureau of Police, and the Pennsylvania State Police. The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
Alabama Executes Man for 1989 Mail-Bomb Murder of U.S. Appeals Court Judge Robert S. VanceRead the Press Release
BIRMINGHAM – The State of Alabama last night carried out the death penalty for Walter Leroy Moody Jr., the man convicted of the 1989 capital murder of U.S. 11th Circuit Court of Appeals Judge Robert S. Vance. A federal jury in 1991 also convicted Moody on 71 charges related to the pipe-bomb murders of Judge Vance and Georgia civil rights lawyer Robert E. Robinson.
“In the almost 30 years since the explosion at their Mountain Brook home killed Judge Vance and seriously injured his wife, Helen, his family never lost faith in America’s system of justice and the rule of law. Robert Vance Jr. is a circuit judge in Jefferson County and his wife, Joyce White Vance, preceded me in this office as U.S. Attorney. Alabama, last night, imposed its court-ordered punishment for Mr. Moody, and justice is done.”
“Moody was tried and convicted by a jury of his peers and his conviction has been scrubbed by every level of court in our justice system,” Town said. “He may have been condemned to death by the State of Alabama, but he was executed because of his own murderous actions. I hope that Moody’s punishment brings some closure and peace to the family and friends who loved Judge Vance.”
Moody was linked to the mail-bomb deaths of Judge Vance and Robinson through a similar bomb nearly two decades earlier that had injured Moody’s wife when it exploded. His prosecution in that case led to his resentment of the courts leading up to the 1989 bombings.
Along with the bombs that killed the judge and Robinson, Moody also sent bombs that were intercepted before exploding — one at the main 11th Circuit courthouse in Atlanta and another at the NAACP's office in Jacksonville, Fla.
Thursday 19 April 2018
Zuni Pueblo Man Pleads Guilty to Federal Kidnapping and Sexual Abuse ChargesRead the Press Release
ALBUQUERQUE – Randell Lonjose, 35, an enrolled member of the Zuni Pueblo who resides in Albuquerque, N.M., pled guilty today in federal court to kidnapping and sexual assault charges under a plea agreement that recommends a 22-year term of imprisonment. Lonjose also will be required to register as a sex offender after completing his prison sentence.
The guilty plea was announced by U.S. Attorney John C. Anderson, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, and Chief Timothy Trimble of the Zuni Pueblo Tribal Police Department.
Lonjose was arrested on Aug. 23, 2017, on a criminal complaint charging him with sexually abusing a Zuni Pueblo woman in Aug. 2017. According to the criminal complaint, in the early morning hours of Aug. 14, 2017, Lonjose forced his way into the victim’s vehicle through a side window, brandished a knife at the victim and instructed her to drive the vehicle to a deserted area. There, Lonjose forced the victim out of the vehicle and force her to engage in a sexual act with him.
Lonjose was indicted on Sept. 21, 2017, and charged with carjacking, kidnapping, and two counts of aggravated sexual abuse. The indictment alleged that Lonjose committed the crimes on Aug. 14, 2017, on Zuni Pueblo in McKinley County, N.M.
During today’s proceedings, Lonjose pled guilty to kidnapping and one count of aggravated sexual abuse. In entering the guilty plea, Lonjose admitted that in the early morning hours of Aug. 14, 2017, he forced his way into the victim’s vehicle while the victim was driving, threatened the victim with a knife, and attempted to choke and strangle the victim when she did not comply with Lonjose’s demands. Lonjose admitted that after directing the victim to drive to a deserted area, he forced her to engage in a sexual act with him. Lonjose acknowledged that the areas in which he kidnapped the victim and sexually assaulted her were on Zuni Pueblo.
Lonjose remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Gallup office of the FBI and the Zuni Pueblo Tribal Police Department. This case is being prosecuted by Assistant U.S. Attorney Jennifer M. Rozzoni pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was driven largely by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
York Man Sentenced to 14 Years’ Imprisonment for Distribution of Crack CocaineRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on April 18, 2018, Chief United States District Court Judge Christopher C. Conner sentenced Jeff Smith, age 30, of York, Pennsylvania, to 168 months’ imprisonment for conspiracy to possess with intent to distribute cocaine base (“crack cocaine”).
According to U.S. Attorney David J. Freed, Smith pled guilty on October 16, 2017 to the charge of conspiracy to possess with intent to distribute 280 grams and more of cocaine base. Smith distributed crack cocaine in the York area from 2014 through his arrest on October 5, 2016. At the time of Smith’s arrest, agents recovered 20 grams of crack cocaine on Smith. During the investigation, agents and detectives seized 180 grams of crack cocaine, along with approximately $15,000 cash from residences associated with Smith.
The case was investigated by the Drug Enforcement Administration and the York City Police Department. Assistant United States Attorney Meredith A. Taylor prosecuted the case..
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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York Man Indicted on Drug Trafficking and Firearms ChargesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Eric T. Banks, age 38, of York, Pennsylvania, was indicted on April 18, 2018, by a federal grand jury on drug trafficking and firearms charges.
According to United States Attorney David J. Freed, the indictment alleges that Banks possessed with intent to distribute heroin and cocaine on January 19, 2018, in York. The indictment also alleges that Banks possessed multiple firearms in furtherance of drug trafficking and unlawfully possessed those firearms as a previously convicted felon.
The case was investigated by the Federal Bureau of Investigation and the York County Drug Task Force. Assistant U.S. Attorney Carlo D. Marchioli is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense imprisonment for life, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Wood County Man Pleads Guilty to Possessing Child PornographyRead the Press Release
Defendant faces up to 20 years in federal prison
BECKLEY, W.Va. – A Parkersburg, West Virginia man pled guilty yesterday to a child pornography crime, announced United States Attorney Mike Stuart. Craig Williams, 37, entered his guilty plea to possessing child pornography. U.S. Attorney Stuart praised the investigative efforts of the Department of Homeland Security - Homeland Security Investigations and the West Virginia State Police.
“Crimes that exploit our children will not be tolerated,” said United States Attorney Mike Stuart. “We have a primary duty to protect our kids. My Office will aggressively prosecute pedophiles to the fullest extent of the law.”
Williams admitted that on February 19, 2015, he possessed pictures of prepubescent minors engaged in sex acts. Williams received the pictures over the internet while he was living in Kentucky. The investigation revealed that Williams was using a web-based chatting service to access and download child pornography. Williams further admitted to possessing over 600 images and videos of minors engaged in sex acts, and that some of those images involved sadistic conduct.
Williams faces up to 20 years in federal prison when he is sentenced on a date to be determined by the Court. Williams will be required to serve a term of supervised release of at least five years and up to life. He will also be required to register as a sex offender.
Erik S. Goes, Assistant United States Attorney, is in charge of the prosecution. The plea hearing was held before United States District Judge Irene C. Berger.
This case is being prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Follow us on Twitter: @SDWVNews and @USAttyStuart
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Woman Who Impersonated Attorney to Defrauded Clients Seeking Immigration Services Sentenced to Federal PrisonRead the Press Release
LOS ANGELES – A Lynwood woman who stole the identity of a New York attorney and filed immigration petitions on behalf of foreign nationals who believed she was a legitimate lawyer has been sentenced to 15 months in federal prison.
Jessica Godoy Ramos, 37, was sentenced Wednesday afternoon by United States District Judge Dolly M. Gee. After she completes the 15-month prison term, Ramos will spend six months in home detention.
Calling the crimes “despicable,” Judge Gee additionally ordered Ramos to pay $29,693 in restitution to 16 identified victims.
Ramos pleaded guilty in November to one count of mail fraud.
Ramos accepted tens of thousands of dollars from dozens of aliens who sought her services in an attempt to obtain legal status in the United States. Using the name of the genuine attorney, Ramos filed immigration petitions on the behalf of some aliens, but in other cases she never performed any services for her clients. Ramos also created counterfeit immigration parole documents to make it appear that she had successfully represented the aliens.
According to court documents, Ramos’ clients initially believed she was a legitimate immigration attorney, but several became suspicious when Ramos directed them to appear at U.S. Citizenship and Immigration Services (USCIS) offices for interviews – but they did not have any scheduled appointments.
“[Ramos] bilked scores of the most vulnerable members of our society out of their hard-earned money by falsely claiming that she was a lawyer and could help them with their immigration issues,” prosecutors wrote in sentencing documents filed with the court.
During the investigation into Ramos, HSI received substantial assistance from USCIS’ Fraud Detection and National Security Directorate and the San Gabriel Police Department.
This case was prosecuted by Assistant United States Attorney Andrew Brown of the Major Frauds Section.
Warwick Resident Sentenced on Meth Trafficking and Firearms ChargesRead the Press Release
PROVIDENCE, RI – A Warwick man charged and convicted as the result of a Project Safe Neighborhoods investigation with trafficking methamphetamine and being a felon in possession of a firearm he used in furtherance of his drug trafficking activities was sentenced today to 10 years in federal prison.
Jon Cascella, 49, of Warwick, was convicted by a federal court jury on December 5, 2017, on four counts of distribution of methamphetamine, two counts of distribution of 5 grams or more of methamphetamine, and one count each of possession with intent to distribute 5 grams or more of methamphetamine, being a felon in possession of a firearm arm and possession of a firearm in furtherance of drug trafficking.
Project Safe Neighborhoods is a federal, state and local law enforcement collaboration to identify, investigate and prosecute individuals responsible for violent crimes in our neighborhoods. Project Safe Neighborhoods has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.
At sentencing, U.S. District Court Chief Judge William E. Smith also ordered Cascella to serve 7 years supervised release upon completion of his term of incarceration. The U.S. Sentencing Guidelines imprisonment range in this matter is 152-175 months. The government recommended the court impose a sentence of 152 months incarceration to be followed by 5 years supervised release.
According to the government’s evidence presented at trial, on five occasions between March 29 and May 4, 2017, Cascella sold over 15.6 grams of methamphetamine to a Warwick undercover police officer. The transactions were electronically monitored and recorded. Beginning shortly after the first transaction, Cascella repeatedly expressed an interest in purchasing a firearm for protection. The undercover officer agreed to assist Cascella obtain a firearm.
According to the government’s evidence, on May 4, 2017, Cascella met with an ATF undercover agent who exchanged a .380 caliber semi-automatic handgun and $600 in cash for nearly 7 grams of methamphetamine. A storage garage where the transaction for the firearm took place was outfitted with several law enforcement video and audio recording devices. Cascella was arrested moments after he took possession of the firearm.
A court authorized search of Cascella’s residence following his arrest resulted in the seizure of approximately 8.6 grams of methamphetamine.
Cascella’s sentenced is announced by United States Attorney Stephen G. Dambruch; Mickey Leadingham, Special Agent in Charge of the Boston Field Division of Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); and Warwick Police Chief Colonel Stephen M. McCartney.
The case was prosecuted by Assistant U.S. Attorney Milind M. Shah.
The matter was investigated by ATF and the Warwick Police Department.
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Visitor to Haleakala National Park Found Guilty of Assault with a Dangerous Weapon and Assault by StrangulationRead the Press Release
HONOLULU – A federal jury yesterday found Matthew Berckmann, 44, guilty of assault with a dangerous weapon and assault of his spouse by strangulation. The verdict came a few hours after a four and a half day trial. Berckmann faces a maximum term of imprisonment of ten years on each count when he is sentenced on August 6, 2018, by U.S. District Judge Susan Oki Mollway.
Kenji M. Price, United States Attorney, said that according to information presented in court, while camping at Hosmer Grove Campground at Haleakala National Park on October 18, 2017, Berckmann threatened his wife with a large kitchen knife while pinning her to the ground by holding his forearm against her throat. Two eyewitnesses saw the assault and contacted 911. Berckmann was taken into custody by a Park Ranger, aided by two Maui Police Department officers.
The investigation was led by the National Park Service, with assistance from the FBI and the Maui Police Department. Assistant U.S. Attorneys Michael Albanese and Marion Percell handled the prosecution.
Virginia Man Indicted for Production and Distribution of Child PornographyRead the Press Release
A federal grand jury in Alexandria, Virginia returned a nine-count indictment today charging a Manassas Park, Virginia man with seven counts of production of child pornography in addition to counts of distribution and possession of child pornography.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, Acting U.S. Attorney Tracy Doherty-McCormick of the Eastern District of Virginia, and Assistant Director in Charge Nancy McNamara of the FBI’s Washington Field Office, made the announcement.
According to the indictment, Michael Gerald Moody, 44, among other things, used, employed, and coerced a child to engage in sexually explicit conduct for the purpose of producing images of that conduct. He also distributed those images to others through the use of the mobile messaging application Kik Messenger.
The case is being investigated by the FBI with the assistance of the Manassas Park Police Department. Trial Attorney Kyle P. Reynolds of the Criminal Division’s Child Exploitation and Obscenity Section and Assistant U.S. Attorney Jay V. Prabhu of the Eastern District of Virginia are prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.Virginia Man Indicted for Production and Distribution of Child PornographyRead the Press Release
WASHINGTON - A federal grand jury in Alexandria, Virginia returned a nine-count indictment today charging a Manassas Park, Virginia man with seven counts of production of child pornography in addition to counts of distribution and possession of child pornography.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, Acting U.S. Attorney Tracy Doherty-McCormick of the Eastern District of Virginia, and Assistant Director in Charge Nancy McNamara of the FBI’s Washington Field Office, made the announcement.
According to the indictment, Michael Gerald Moody, 44, among other things, used, employed, and coerced a child to engage in sexually explicit conduct for the purpose of producing images of that conduct. He also distributed those images to others through the use of the mobile messaging application Kik Messenger.
The case is being investigated by the FBI with the assistance of the Manassas Park Police Department. Trial Attorney Kyle P. Reynolds of the Criminal Division’s Child Exploitation and Obscenity Section and Assistant U.S. Attorney Jay V. Prabhu of the Eastern District of Virginia are prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.Virginia Man Convicted at Trial on Gun Trafficking ChargesRead the Press Release
CAMDEN, N.J. – A Locust Grove, Virginia, man was convicted today of conspiring to traffic 35 guns from Virginia into New Jersey, U.S. Attorney Craig Carpenito announced.
Shawn K. Harvey, 52, was convicted of all four counts in an indictment charging him with one count of conspiracy to traffic firearms and three counts of trafficking firearms. He was convicted following a two-week trial before U.S. District Judge Noel L. Hillman in Camden federal court. The jury deliberated for approximately four hours before returning the verdict.
Shawn K. Harvey and his son, Shawn M. Harvey, a/k/a “Munchy,” 28, also of Locust Grove, were originally arrested in August 2016.
According to documents filed in this case and the evidence presented at trial:
Bureau of Alcohol, Tobacco and Firearms (ATF) agents directed and supervised a sting operation using a confidential informant who purchased firearms from the Harveys on multiple occasions at a parking lot in Pennsauken, New Jersey. The operation yielded 35 firearms –including assault-style rifles, revolvers, shotguns and semi-automatic handguns – over the course of 11 separate transactions spanning several weeks. One of the firearms was reported stolen in Virginia and many of the guns were brand new and came with ammunition.
The trafficking and conspiracy charges are each punishable by a maximum potential penalty of five years in prison. Sentencing is scheduled for Aug. 17, 2018. Shawn M. Harvey pleaded guilty prior to trial and awaits sentencing.
U.S. Attorney Carpenito credited ATF special agents, under the direction of Special Agent in Charge John B. Devito, Newark Field Division, with the investigation.The government is represented by Assistant U.S. Attorneys Jacqueline Carle and Sara A. Aliabadi of the U.S. Attorney’s Office Criminal Division in Camden.
Defense counsel: Megan J. Davies Esq., Cherry Hill, New JerseyVigo County School Corporation official sentenced in federal courtRead the Press Release
Stole more than $110,000 from Vigo County taxpayers
PRESS RELEASE
Indianapolis – United States Attorney Josh Minkler announced that a former Vigo County School Corporation official, Franklin V. Fennell, 49, Terre Haute, was sentenced in federal court today. Fennell was sentenced to 24 months’ imprisonment by U. S. District Judge Jane Magnus-Stinson after a jury returned a verdict of guilty on all counts of fraud, bribery and making false statements to federal agents at a jury trial in December, 2017.
“The citizens of Vigo County deserve better from their public officials,” said Minkler. “Public service does not mean helping yourself to public funds. When greed becomes more important than serving the public, there are consequences and my office will hold offenders accountable.”
Fennell was the facilities director at the Vigo County School Corporation (VCSC). His duties included the maintenance and service at all VCSC locations and facilities, including schools. Fennell routinely submitted requisitions to the VCSC business office which in turn created purchase orders that were sent to vendors authorizing work. The vendor would then be paid after the work was completed.
From April 2014 through October 2016, Fennell and co-defendant, Frank Shahadey instructed a Terre Haute area businessman to submit false and fraudulent invoices for work performed for the VCSC by either inflating the cost of the work or seeking payment for work that was either not performed, or was done by another business. Once paid by the VCSC based on the false and fraudulent invoices, the businessman kicked back a portion of the ill-gotten gains to Fennell and Shahadey and retained a portion for his personal benefit.
As a result of this fraud scheme, Fennell and Shahadey received kickbacks of more than $110,000. When confronted by special agents of the Federal Bureau of Investigation regarding this fraudulent scheme, Fennell made various false statements in a futile effort to exculpate himself.
This case was investigated by the Federal Bureau of Investigation.
“This sentencing affirms that the FBI has zero tolerance for those who exploit their official position for personal gain,” said Robert Middleton, Acting Special Agent in Charge of the FBI’s Indianapolis Division. “Public corruption is one of the FBI’s top investigative priorities and our agents remain committed to pursuing those who violate the public’s trust through their greed.”
Fennell’s co-defendant, Frank Shahadey, was sentenced to 16 months’ imprisonment in October 2017, after pleading guilty to wire fraud and theft charges based on his involvement in this scheme.
According to Assistant United States Attorneys Tiffany Preston and Nick Linder who prosecuted the case, Fennel must also pay restitution in the amount of $110,600.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution sentencing demonstrates the office’s firm commitment to detect and prosecute matters involving public corruption, (See United States Attorney’s Office, Southern District of Indiana Strategic Plan, Section 5.3)
Van Buren Woman Sentenced to over 5 Years in Federal Prison for Drug TraffickingRead the Press Release
Fort Smith, Arkansas - Duane (DAK) Kees, United States Attorney for the Western District of Arkansas, announced that Deborah Nabors, age 55, of Van Buren, was sentenced today to 71 months in federal prison followed by four years of supervised release on one count of Distribution of Methamphetamine. The Honorable Chief Judge P.K. Holmes, III presided over the sentencing hearings in the United States District Court in Fort Smith.
According to court records, in December 2016, the Drug Enforcement Administration (DEA) learned that methamphetamine was being distributed in the Fort Smith area by Nabors. During the investigation, DEA arranged and conducted a controlled purchase of methamphetamine from Nabors. The substance purchased was sent to the DEA South Central Laboratory for testing. The lab determined that the substance contained 74.62 grams of actual methamphetamine.
Nabors was indicted by a federal grand jury in October 2017 and entered a guilty plea in January 2018.
This case was investigated by the Drug Enforcement Administration (DEA), Alcohol Tobacco and Firearms (ATF), Crawford County Sheriff’s Office, Fort Smith Police Department, Sebastian County Sheriff’s Office, Van Buren Police Department and the 12th/21st Judicial District Drug Task Force. Assistant United States Attorneys Candace Taylor and Aaron Jennen prosecuted the case for the United States.
United States Attorney Trent Shores Remembers Victims of OKC BombingRead the Press Release
United States Attorney Trent Shores observed, “Today, we remember the 168 lives that were lost in a cowardly attack by a domestic terrorist in Oklahoma City on April 19, 1995. The victims included innocent men, women, and children who were our family, friends, and neighbors. The victims also included federal law enforcement agents who bravely served and protected our state and community. Out of this tragedy was born the Oklahoma Standard, an example for all the world to see of how a community can come together in the wake of tragedy. The men and women of the United States Attorney’s Office for the Northern District of Oklahoma stand ready to answer the call again and serve our fellow Oklahomans, should the need arise. But today, we remember.”
Uniontown Man Will Spend 10 Years in Prison for Participating in Large-Scale Cocaine Trafficking RingRead the Press Release
PITTSBURGH –A resident of Uniontown, Pennsylvania, has been sentenced in federal court to 120 months’ incarceration, followed by three years’ supervised release on his conviction of conspiracy to distribute cocaine, United States Attorney Scott W. Brady announced today.
United States District Judge David S. Cercone imposed the sentence on Jamal Eddings, age 36.
According to information presented to the court, Eddings was involved in a large-scale drug distribution ring in the Uniontown area. He conspired with others to distribute and possess with intent to distribute at least 100 grams of cocaine.
United States Attorney Brady commended the multi-agency investigation of this case, which was led by the Federal Bureau of Investigation and included the Drug Enforcement Administration, the Fayette County Drug Task Force, the Pennsylvania Attorney General’s Office, the Pennsylvania State Police, and the United States Postal Inspection Service, for the investigation leading to the successful prosecution of Eddings. Assistant United States Attorneys Heidi M. Grogan and Troy Rivetti prosecuted this case on behalf of the government.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
U.S. Attorney's Office hosts roundtable on sexual harassment in housingRead the Press Release
The U.S. Attorney’s Office and the Justice Department’s Civil Rights Division hosted a roundtable with community partners to discuss the problem of sexual harassment in housing, U.S. Attorney Justin E. Herdman announced.
The event included nearly 50 local law enforcement agencies, fair housing organizations, transitional housing providers and social service providers. Each organization was invited because they often work with vulnerable populations who are most likely to become victims of sexual harassment in housing.
“Sexual harassment in housing is often underreported, but it is an egregious violation of a person’s right to fair housing,” U.S. Attorney Herdman said. “Landlords or superintendents using the power they have over tenants to extort sexual favors, or even commit assaults, is intolerable. Our office is dedicated to uncovering such violations where they exist and vigorously enforcing the law.”
A similar meeting will take place next week in Toledo.
The Department of Justice, through the U.S. Attorney’s Offices and the Civil Rights Division, enforces the federal Fair Housing Act, which prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin, and disability. Sexual harassment is a form of sex discrimination prohibited by the Act.
In October 2017, the Justice Department’s Civil Rights Division announced the Sexual Harassment in Housing Initiative, an effort to combat sexual harassment in housing. The Justice Department’s initiative seeks to identify barriers to reporting sexual harassment in housing, increase awareness of the Justice Department’s enforcement efforts – both among survivors and those they may report to – and collaborate with federal, state, and local partners to increase reporting and help survivors quickly and easily connect with federal resources.
The U.S. Attorney’s is working closely with the Civil Rights Division to spread the word in Northeast Ohio about options to help victims experiencing sexual harassment or who experienced sexual harassment in housing in the past. Roundtable discussions like the one that the office hosted today are one way to increase awareness and build strong partnerships in the community to combat this problem together.
Community partners, such as local law enforcement, legal aid offices, fair housing organizations, shelters, and transitional housing providers can identify the misconduct and recommend that victims report sexual harassment to the Civil Rights Division. Not only should victims of sexual harassment be aware of the Justice Department’s enforcement efforts, but people or organizations they may tell about the sexual harassment should also be aware where to refer them to report the misconduct. Local police departments or legal aid offices may be able to help victims, if the behavior is a crime or if there is an imminent eviction. In addition, organizations should recommend that the victim report the harassment to the Civil Rights Division and the U.S. Attorney’s Office.
While most people are familiar with the problem of sexual harassment in the workplace, harassment also occurs in housing, and the Fair Housing Act prohibits it. The Justice Department brings cases each year involving egregious conduct, including allegations that defendants have exposed themselves sexually to current or prospective tenants, requested sexual favors in exchange for reduced rents or making necessary repairs, made unrelenting and unwanted sexual advances to tenants, and evicted tenants who resisted their sexual overtures.
Many instances of sexual harassment in housing continue to go unreported. The Justice Department’s investigations frequently uncover sexual harassment that has been ongoing for years or decades and identify numerous victims who never reported the conduct to federal authorities.
The Department encourages anyone who has experienced sexual harassment in housing, or knows someone who has, to contact it by calling 1-(844) 380-6178 or emailing [email protected]. Individuals who believe they may have been victims of discrimination may also file a complaint with the U.S. Attorney’s Office at: 216-622-3932 or by emailing: [email protected]
Two Montgomery County Residents Indicted for Wire FraudRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Greenbelt, Maryland – A federal grand jury indicted Jonathan Henry, age 26, of Bethesda, Maryland, and Dominique Davis, age 27, of Germantown, Maryland, today on charges of conspiracy to commit wire fraud and aggravated identity theft. The indictment was returned on April 11, 2018, and unsealed today upon the arrest of Henry. Davis is currently detained in Montgomery County on unrelated charges.
The indictment was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Brian Ebert of the U.S. Secret Service - Washington Division; Postal Inspector in Charge Robert B. Wemyss of the U.S. Postal Inspection Service; and Chief J. Thomas Manger of the Montgomery County Police Department.
According to the 12-count indictment, between October 2015 and April 2018, Henry and Davis allegedly stole the personal identifiable information of at least eleven victims and created fake driver’s licenses with the stolen information. Using the fake driver’s licenses, Henry and Davis allegedly applied for credit card accounts at retail stores and cellular telephone accounts at telecommunication stores in the names of the victims without the victims’ authorization.
Using these fraudulent credit cards and accounts, the defendants purchased items on credit, including electronics and other merchandise.
During the course of the scheme, Henry and Davis made $45,206.13 worth of fraudulent charges in North Carolina, Maryland, and Virginia.
Henry is also charged with 11 counts of aggravated identity theft.
Henry and Davis face a maximum sentence of 20 years in prison for wire fraud.
Henry faces a mandatory consecutive sentence of two years per count of aggravated identity theft.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
United States Attorney Robert K. Hur commended the U.S. Secret Service, the U.S. Postal Inspection Service, and the Montgomery County Police Department for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Kelly O’Connell Hayes and Michael Packard, who are prosecuting the case.
Two Buffalo Men Indicted in Conspiracy to Distribute Fentanyl Which Resulted in Overdose DeathRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051Buffalo, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a superseding indictment charging Dontrell Wise, 32, and Lamario Jones, 31, both of Buffalo, NY, with conspiracy to possess with intent to distribute heroin, butyryl fentanyl, fentanyl, cocaine, and crack cocaine. The indictment alleges that the conspiracy generally, and Wise specifically, between mid-November of 2017 and November 23, 2017, distributed fentanyl which caused the death of an individual identified as A.J. The “death results” charges are punishable by a mandatory minimum penalty of 20 years in prison, a maximum of life and a $1,000,000 fine.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that a third co-defendant, Jerell Weathersby pleaded guilty to possession with intent to distribute butyryl fentanyl which carries a maximum penalty of 20 years in prison.
The superseding indictment is the result of an investigation by the Federal Bureau of Investigation’s Safe Streets Task Force, under the direction of Acting Special Agent-in-Charge Kevin P. Lyons, the Buffalo Police Department, under the direction of Police Commissioner Byron Lockwood, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt.The fact that a defendant has been charged with a crime is merely an accusation, and the defendants are presumed innocent until and unless proven guilty.
Two Alaska Men Charged with Harassing, Killing Steller Sea Lions and Obstructing the Investigation into Their Illegal ActivitiesRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder announced today that two Alaska men have been charged in relation to 15 Steller sea lions found dead during the opening of the 2015 Copper River salmon season. The two men have been charged with harassing and killing Steller sea lions with shotguns and then making false statements and obstructing the government’s investigation into their criminal activities. The Steller sea lion is protected by the Marine Mammal Protection Act and is listed as an endangered species for the geographic area where the shooting occurred.
Jon Nichols, 31, of Cordova, who was captain of the Fishing Vessel (F/V) Iron Hide, and Theodore “Teddy” Turgeon, 21, of Wasilla, who was a deckhand on the F/V Iron Hide at the time of the offenses, were both named in the indictment. The charges include conspiracy, violations of the Marine Mammal Protection Act and Endangered Species Act, obstruction of a Marine Mammal Protection Act investigation, false statements, and obstruction.
According to the indictment, during the first few weeks of the salmon gillnet season that opened on May 14, 2015, fifteen Steller sea lions were discovered dead along the sand bars at the mouth of Copper River fishing district. It is alleged that on various occasions between May and June 2015, Nichols, as the captain of the F/V Iron Hide, regularly directed his crew, which included Turgeon, to get a shotgun kept aboard the vessel, and shoot at Steller sea lions while fishing in the Copper River fishing district. At times, Nichols would shoot the Steller sea lions himself. Nichols would also sometimes drive the F/V Iron Hide in the direction of the Steller sea lions to allow Turgeon to get a better shot at the sea lions.
It is further alleged that, after learning there was an investigation into the dead Steller sea lions, Nichols and Turgeon obstructed the investigation by, among other things, removing the shotgun from the F/V Iron Hide and coordinating false stories between his crew members about the presence of shotguns and the shooting of sea lions. Turgeon is also charged with making false statements to a NOAA law enforcement agent, and Nichols is charged with obstructing and attempting to obstruct a grand jury investigation by endeavoring to influence his crew not to provide truthful information relevant to the investigation.
NOAA, Office of Law Enforcement (NOAA OLE) conducted the investigation leading to the indictment in this case. This case is being prosecuted by Assistant U.S. Attorney Aunnie Steward.
An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
Twelve Sentenced This Week for Roles in Heroin Trafficking EnterpriseRead the Press Release
Harrisonburg, VIRGINIA – Twelve of the thirteen co-conspirators convicted of trafficking more than 1,000 grams of heroin from Baltimore to Front Royal over the course of three years were sentenced this week in U.S. District Court in Harrisonburg, United States Attorney Thomas T. Cullen announced.
“The heroin and opioid epidemic is one of the most challenging law-enforcement issues in the Western District of Virginia, and the problem is particularly acute in the Northern Shenandoah Valley. Fortunately, our federal, state, and local law-enforcement partners are highly skilled and experienced in dismantling drug-trafficking organizations like this one,” United States Attorney Cullen said today. “We will devote all available resources to investigating and prosecuting these important cases.”
The twelve individuals sentenced this week were convicted of being involved in a multi-year trafficking enterprise that brought significant amounts of heroin from Baltimore to Front Royal.
Wednesday in U.S. District Court, four defendants convicted for their roles in the enterprise were sentenced. Nicole Renae McNall, 25, of Front Royal was sentenced to 96 months in prison. Sheldon Berry, 27, was sentenced to 168 months. Brittani Monique O’Bannion, 23, of Front Royal, was sentenced to 60 months. Megan Marie McNall, 24, of Front Royal, was sentenced to 108 months. The hearing for Earl Christopher Magwood, 42, was continued and rescheduled for next month.
Earlier this week, eight defendants were sentenced for their roles in the conspiracy. On Tuesday, three defendants from Front Royal were sentenced to federal prison time. Da’Shawn Edwards was sentenced to 168 months, Keon Hackley was sentenced to 36 months and Tiara Baily was sentenced to 16 months. Two Baltimore men were also sentenced Tuesday. Antwan Cottman received 180 months in prison and Antwan Lucas was sentenced to 108 months. On Monday, three members of the conspiracy were sentenced. Adrian Edwards was sentenced to 190 months in prison. Randall Freeman and Alisha Stocking were each sentenced to 48 months.
According to information and evidence presented at previous hearings by Assistant United States Attorney Donald R. Wolthuis, the conspiracy began as early as 2013 with the goal of trafficking heroin from Baltimore to the Front Royal area. On average, members of the conspiracy distributed one kilogram of heroin per week during the life of the conspiracy, which operated between 2013 and April 2016.
To insulate the identity of the sellers from the identity of the buyers, heroin customers in Virginia contacted a phone number in Maryland, either by voice call or text, which was controlled by conspiracy members and was known only as the “Chris phone.” “Chris” was not a real person, but rather was a fake name associated with the phone number customers contacted to place heroin orders. At the time an order was placed, customers were provided a street address in Baltimore where their order was to be picked up. When a customer arrived at the pre-determined address, the customer’s car was approached by other members of the conspiracy, a drug transaction took place, and the Virginia customers drove back to Front Royal. No socializing or small talk took place between the customer in the car and the seller on the street. The Virginia customers made these trips every day, sometimes multiple times per day. Once they returned to Front Royal, the customers used the heroin and sold it to others.
The investigation of the case was conducted by the Drug Enforcement Administration’s Winchester Office, the Front Royal Office of the Virginia State Police Northwest Regional Drug and Gang Task Force, the Baltimore City Police Department, the Baltimore County Police Department, the Frederick, Maryland Sheriff’s Office, the Loudoun County, Virginia, Sheriff’s Office and the Howard County, Maryland, Sheriff’s Office. Assistant United States Attorney Donald R. Wolthuis is prosecuting the case for the United States.
Tucson Man Sentenced to Prison for Threatening to Kill CongresswomanRead the Press Release
TUCSON, Ariz. – On April 18, 2018, Steve Martan, 58, of Tucson, Ariz., was sentenced by U.S. District Judge Cindy K. Jorgenson to 15 months’ imprisonment. Martan had previously pleaded guilty to three counts of influencing, impeding, or retaliating against a federal official by threatening.
On May 2, 4, and 10, 2017, Martan left a total of six threatening messages for Congresswoman Martha McSally on her congressional office voicemail. Martan was identified through caller identification and subscriber information and was in possession of the phone used to leave these messages when he was arrested on May 11, 2017.
The investigation in this case was conducted by the Federal Bureau of Investigation, with assistance from the United States Capitol Police. The prosecution was handled by Angela W. Woolridge, Assistant U.S. Attorney, District of Arizona, Tucson.
CASE NUMBER: CR-17-0857-TUC-CKJ
RELEASE NUMBER: 2018-043_Martan
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Tonawanda Man Sentenced to Five Years in Prison on Child Pornography ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Randy Rance, 57, of Tonawanda, NY, who was convicted of possession of child pornography, was sentenced to five years in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Stephanie Lamarque, who handled the case, stated that in December 2016, the defendant distributed child pornography to an undercover investigator. In January 2017, the Town of Tonawanda Police Department seized the Rance’s computer. Forensic examination determined that the defendant was in possession of over 1,000,000 images of child pornography, some of which depicted prepubescent children less than 12 years of age.
The sentencing is the result of an investigation by the Town of Tonawanda Police Department, under the direction of Chief Jerome Uschold, and the Federal Bureau of Investigation under the direction of Acting Special Agent-in-Charge Kevin P. Lyons.
Three Sacramento Men Indicted for Trafficking MethamphetamineRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a four-count indictment today against Jose Luis Romero, 53; Salvador Padilla III, 38; and Eberardo Mendez, 50, all of Sacramento, charging them with distributing methamphetamine and conspiracy to do the same, U.S. Attorney McGregor W. Scott announced.
According to court records, an undercover agent met with Romero on three occasions in December 2017 and February 2018 to purchase methamphetamine. Surveillance units saw Romero meeting with Padilla before and after each transaction, and court documents allege that Padilla was supplying Romero with the narcotics for each meeting. Court records also allege that Mendez served as a courier for two of the meetings, taking at least two pounds of methamphetamine from Padilla to Romero to facilitate the undercover purchases. In all, law enforcement bought over three pounds of methamphetamine from Romero directly during this investigation.
This case is the product of an investigation by the Drug Enforcement Administration with special assistance from the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).
If convicted of any of the charges, each defendant faces a mandatory minimum penalty of 10 years in prison, and a maximum penalty of life in prison and a $10 million fine. Any sentence would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account several variables. These charges are only allegations; the defendants are presumed innocent until proven guilty beyond a reasonable doubt.
Terril, Iowa Man Pleads Guilty to Possessing Child PornographyRead the Press Release
A man who received and possessed child pornography pled guilty on April 17, 2018, in federal court in Sioux City.
James Sorter, age 41, from Terril, Iowa, was convicted of one count of receipt and distribution of child pornography after a conviction for lascivious acts with child in the District Court for Linn County, Iowa.
In a plea agreement, Sorter admitted that between August 1, 2014, and May 31, 2017, in the Northern District of Iowa and elsewhere, he knowingly received and attempted to receive visual depictions of minors engaged in sexually explicit conduct, including a depiction involving a prepubescent minor or a minor that had not attained 12 years of age. Sorter was previously convicted of lascivious acts with a child in the Iowa District Court for Linn County in 2005.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Sorter remains in custody of the United States Marshal pending sentencing. Sorter faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of 40 years’ imprisonment, a $250,000 fine, and 5 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Timothy T. Duax and was investigated by Iowa Department of Public Safety, Division of Criminal Investigations (DCI).
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is CR17-4077.
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Seven Previously Deported Aliens Charged with Illegal Re-EntryRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that seven previously deported aliens were indicted separately on April 18, 2018, by a federal grand jury for illegal re-entry into the United.
According to United States Attorney David J. Freed, Jorge Martinez-Casas, age 38, of Mexico, was previously deported from the United States to Mexico in June 2016. He is alleged to have illegally re-entered the United States sometime after June 2016, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.
Rey Sanchez-Fierro, age 42, of Mexico, was previously deported from the United States to Mexico in December 2010, January 2011, and March 2013. He is alleged to have illegally re-entered the United States sometime after March 2013, and was found in the United States in York County, Pennsylvania after eluding examination or inspection by immigration officers.
Erasmo Rivera-Reyes, age 46, of Mexico, was previously deported from the United States to Mexico in February 2012 and April 2013. He is alleged to have illegally re-entered the United States sometime after April 2013, and was found in the United States in Lebanon County, Pennsylvania after eluding examination or inspection by immigration officers.
Jose Gonzalez-Villegas, age 23, of Mexico, was previously deported from the United States to Mexico in June 2014 and October 2016. He is alleged to have illegally re-entered the United States sometime after October 2016, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.
Antonio Rodriguez-Ramirez, age 41, of Honduras, was previously deported from the United States to Honduras in September 2001 and January 2011. He is alleged to have illegally re-entered the United States sometime after January 2011, and was found in the United States in Lackawanna County, Pennsylvania after eluding examination or inspection by immigration officers.
Rosalio Zamora-Lopez, age 43, of Mexico, was previously deported from the United States to Mexico in January 2011, April 2011, February 2012, March 2014 and March 2014. He is alleged to have illegally re-entered the United States sometime after March 2014, and was found in the United States in Adams County, Pennsylvania after eluding examination or inspection by immigration officers.
Omar Lopez-Hernandez, age 29, of Mexico, was previously deported from the United States to Mexico in February 2011. He is alleged to have illegally re-entered the United States sometime after February 2011, and was found in the United States in Franklin County, Pennsylvania after eluding examination or inspection by immigration officers.
Under federal law, Martinez-Casas, Sanchez-Fierro, Rivera-Reyes, Gonzalez-Villegas, Rodriguez-Ramirez, Zamora-Lopez, Lopez-Hernandez all face a maximum penalty of two years of imprisonment, a term of supervised release following imprisonment, and a fine.
These cases were investigated by U.S. Immigration and Customs Enforcement and Removal Operations (ERO). Special Assistant United States Attorney Brian G. McDonnell is prosecuting the cases.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Seven Defendants Charged in White Plains Federal Court with Narcotics Trafficking in Orange CountyRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., Assistant Director-in-Charge of the New York Division of the Federal Bureau of Investigation (“FBI”), Carl E. DuBois, the Orange County Sheriff (“OCSO”), and Doug Solomon, the Chief of the City of Newburgh Police Department (“CNPD”), announced the unsealing of an indictment and a complaint charging seven defendants with allegedly engaging in the distribution of cocaine throughout the Southern District of New York. Three defendants were taken into federal custody on March 22. Three defendants were taken into federal custody on April 17 and were presented in White Plains federal court yesterday afternoon before United States Magistrate Lisa M. Smith. This case is assigned to U.S. District Judge Kenneth M. Karas. Defendant TAMIKA SWEAT remains at large.
U.S. Attorney Geoffrey S. Berman said: “Today we announce the indictment of seven individuals for conspiring to bring large amounts of cocaine to the streets of Newburgh. I commend our law enforcement partners for another success in our collective effort to keep dangerous narcotics off our streets.
FBI Assistant Director William F. Sweeney Jr. said: “Our partnerships we’ve established and cultivated with local law enforcement agencies proves cases like this are making a significant impact on our communities. Those same communities are fighting the rising, deadly consequences of illegal drugs that are tearing families and neighborhoods apart. The FBI won’t stop pursuing the suppliers and dealers each and every day, as long as the problem exists.”
Orange County Sheriff Carl E. DuBois said: “I have made a commitment to protect the public from the scourge of illicit drug trafficking in Orange County and I commend the FBI Safe Streets Task Force for carrying out our mission to stop the plague of drugs from devastating our communities.”
City of Newburgh Police Chief Doug Solomon said: “This case is another example of our collaboration with The Hudson Valley Safe Streets Task Force. We will continue to build cases against people who sell narcotics in our city. We will utilize all of our local, state and federal partners in accomplishing this goal. This case should act as yet another reminder of how dedicated we are to eliminating crime and making our neighborhoods safer for the residents of The City of Newburgh.”
As alleged in the Indictment unsealed yesterday in White Plains federal court[1]:
From at least in or about 2017 up to and including in or about March 2018, in the Southern District of New York and elsewhere, EDWIN GUERRIER, a/k/a “Eddy F,” CARLOS FABIAN, and FERNANDO FERRER conspired to distribute 5 kilograms and more of cocaine; TAMIKA SWEAT, WILLIAM JONES, a/k/a “Polly,” MAURICE MURPHY, a/k/a “Marky D,” and EUGENE JOHNSON, conspired to distribute 500 grams and more of cocaine.
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The defendants EDWIN GUERRIER, CARLOS FABIAN, and FERNANDO FERRER face a maximum term of life in prison, and a mandatory term of 10 years in prison. Defendants TAMIKA SWEAT, WILLIAM JONES, MAURICE MURPHY, and EUGENE JOHNSON face a maximum term of 40 years in prison, and a mandatory term of five years in prison.
A chart containing the names of the defendants who were arrested and charged today, and the charges and maximum penalties they face, is attached.
The statutory maximum sentences are prescribed by Congress and are provided here for information purposes only, as any sentencings of the defendants would be determined by the respective judges.
Mr. Berman praised the outstanding investigative work of the FBI Hudson Valley Safe Streets Task Force, Orange County Sheriff’s Office, City of Newburgh Police Department.
These cases are being handled by the Office’s White Plains Division. Assistant United States Attorney Samuel L. Raymond is in charge of the prosecutions.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
CHARGE(S)
DEFENDANTS
MAXIMUM PENALTIES
Narcotics conspiracy
(Conspiracy to distribute and possess with intent to distribute 5 kilograms and more of cocaine.)
EDWIN GUERRIER,
a/k/a “Eddy F,”
CARLOS FABIAN,
FERNANDO FERRER
Life in prison
Mandatory minimum: 10 years in prison
Narcotics conspiracy
(Conspiracy to distribute and possess with intent to distribute 500 grams and more of cocaine.)
TAMIKA SWEAT,
WILLIAM JONES,
a/k/a “Polly,”
MAURICE MURPHY,
a/k/a “Marky D,”
EUGENE JOHNSON
40 years in prison
Mandatory minimum: 5 years in prison
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Sentencings for April 17 - April 19, 2018Read the Press Release
THOMAS ALLEN MARTINEZ, 56, of Torrington, Wyoming was sentenced by Federal District Court Judge Alan B. Johnson on April 17, 2018 for possession with intent to distribute methamphetamine and possession of a firearm in furtherance of a drug traffic crime. Martinez was arrested in Cheyenne, Wyoming. He received 120 months of imprisonment, to be followed by forty-eight months of supervised release, and ordered to pay restitution in the amount of $500.00 and a $200.00 special assessment. The Torrington Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
ALEX ADAM WHITEBIRD, 30, of Riverton, Wyoming was sentenced by Federal District Court Judge Scott W. Skavdahl on April 13, 2018 for assault resulting in serious bodily injury. Whitebird was arrested in Lander, Wyoming. He received sixty-two months of imprisonment, to be followed by thirty-six months of supervised release, and ordered to pay a $100.00 fine, and restitution in the amount of $38,450.12. The Bureau of Indian Affairs and Federal Bureau of Investigations investigated this case.
RICHARD THOMAS SLATE, 33, of Thornton, Colorado was sentenced by Federal District Court Judge Alan B. Johnson on April 19, 2018 for conspiracy to distribute methamphetamine. Slate was arrested in Colorado. He received one hundred twenty months of imprisonment, to be followed by sixty months of supervised release, and ordered to pay restitution in the amount of $500.00. The Wyoming Division of Criminal Investigation investigated this case.
School Employee Pleads Guilty to Role in Bribery Scheme Involving VA Program for Disabled Military VeteransRead the Press Release
WASHINGTON – The financial manager of Atius Technology Institute (“Atius”), a privately owned, non-accredited school specializing in information technology courses, pleaded guilty today to conspiring to bribe a public official at the U.S. Department of Veterans Affairs (VA) in exchange for the public official’s facilitation of over $1.4 million in payments that were supposed to be dedicated to providing vocational training for military veterans with service-connected disabilities.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U.S. Attorney Jessie K. Liu for the District of Columbia, Assistant Director in Charge Nancy McNamara of the FBI’s Washington Field Office and Special Agent in Charge Kim Lampkins of U.S. Department of Veterans Affairs, Office of Inspector General (OIG), Mid-Atlantic Field Office made the announcement.
Sombo Kanneh, 29, of McLean, Virginia, pleaded guilty to an Information alleging one count of conspiracy to bribe a public official. The plea was entered before U.S. District Judge John D. Bates of the District of Columbia. Atius’s owner, Albert Poawui, 41, of Laurel, Maryland, previously pleaded guilty to his role in the scheme on April 16.
According to admissions made in connection with Kanneh’s plea, the Vocational Rehabilitation and Employment (VR&E) program is a VA program that provides disabled U.S. military veterans with education and employment-related services. VR&E program counselors advise veterans under their supervision which schools to attend and facilitate payments to those schools for veterans’ tuition and necessary supplies.
According to admissions made in connection with her plea, Kanneh joined the conspiracy in or about October 2016, when she was hired as Atius’s financial manager. Pursuant to an agreement that Poawui and a VR&E program counselor had entered the prior year, Poawui would pay the counselor a seven percent cash kickback of all payments made by the VA to Atius. In exchange, the counselor steered VR&E program veterans to Atius and approved Atius’s invoices for payment.
Kanneh admitted that she routinely moved money between Atius’s bank accounts to facilitate bribe payments to the VR&E counselor. Kanneh also admitted that she personally hand-delivered cash bribes to the VR&E counselor on numerous occasions. Between August 2015 and December 2017, Kanneh and the scheme’s other participants caused the VA to pay Atius approximately $1,423,030. During that time period, Kanneh and others paid the VR&E counselor approximately $106,454 in exchange for the counselor’s official acts in furtherance of the scheme to commit bribery and defraud the VA.
Kanneh’s plea is the result of an ongoing investigation by the FBI’s Washington Field Office and the VA OIG. Assistant U.S. Attorney Adrienne Dedjinou of the U.S. Attorney’s for the Office of the District of Columbia also investigated the matter. Trial Attorney Simon J. Cataldo of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Sonali D. Patel of the U.S. Attorney’s Office for the District of Columbia are prosecuting the case.
School Employee Pleads Guilty to Role in Bribery Scheme Involving VA Program for Disabled Military VeteransRead the Press Release
The financial manager of Atius Technology Institute (“Atius”), a privately owned, non-accredited school specializing in information technology courses, pleaded guilty today to conspiring to bribe a public official at the U.S. Department of Veterans Affairs (VA) in exchange for the public official’s facilitation of over $1.4 million in payments that were supposed to be dedicated to providing vocational training for military veterans with service-connected disabilities.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U.S. Attorney Jessie K. Liu for the District of Columbia, Assistant Director in Charge Nancy McNamara of FBI’s Washington Field Office and Special Agent in Charge Kim Lampkins of U.S. Department of Veterans Affairs, Office of Inspector General (OIG), Mid-Atlantic Field Office made the announcement.
Sombo Kanneh, 29, of McLean, Virginia, pleaded guilty to an Information alleging one count of conspiracy to bribe a public official. The plea was entered before U.S. District Judge John D. Bates of the District of Columbia. Atius’s owner, Albert Poawui, 41, of Laurel, Maryland, previously pleaded guilty to his role in the scheme on April 16.
According to admissions made in connection with Kanneh’s plea, the Vocational Rehabilitation and Employment (VR&E) program is a VA program that provides disabled U.S. military veterans with education and employment-related services. VR&E program counselors advise veterans under their supervision which schools to attend and facilitate payments to those schools for veterans’ tuition and necessary supplies.
According to admissions made in connection with her plea, Kanneh joined the conspiracy in or about October 2016, when she was hired as Atius’s financial manager. Pursuant to an agreement that Poawui and a VR&E program counselor had entered the prior year, Poawui would pay the counselor a seven percent cash kickback of all payments made by the VA to Atius. In exchange, the counselor steered VR&E program veterans to Atius and approved Atius’s invoices for payment.
Kanneh admitted that she routinely moved money between Atius’s bank accounts to facilitate bribe payments to the VR&E counselor. Kanneh also admitted that she personally hand-delivered cash bribes to the VR&E counselor on numerous occasions. Between August 2015 and December 2017, Kanneh and the scheme’s other participants caused the VA to pay Atius approximately $1,423,030. During that time period, Kanneh and others paid the VR&E counselor approximately $106,454 in exchange for the counselor’s official acts in furtherance of the scheme to commit bribery and defraud the VA.
Kanneh’s plea is the result of an ongoing investigation by the FBI’s Washington Field Office and the VA OIG. Assistant U.S. Attorney Adrienne Dedjinou of the U.S. Attorney’s for the Office of the District of Columbia also investigated the matter. Trial Attorney Simon J. Cataldo of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Sonali D. Patel of the U.S. Attorney’s Office for the District of Columbia are prosecuting the case.
San Francisco Man Charged with Making Threats to Federal OfficialsRead the Press Release
SAN FRANCISCO – A federal grand jury issued an indictment today charging Bay Area resident Ronald Joseph LaFaye with eight counts of making threats to federal officials, announced Acting United States Attorney Alex G. Tse and Special Agent in Charge of the U.S. Department of Veterans Affairs, Office of Inspector General, Criminal Investigations Division (VA OIG CID), James K. Wahleithner.
According to the indictment, LaFaye, 52, threatened to assault, kidnap, or murder federal officials. LaFaye is alleged to have made the threats with the intent to impede, intimidate, and interfere with those federal officials while they were engaged in the performance of official duties, and with intent to retaliate against the officials because of the way they performed those duties. The indictment sets out eight occasions between March 19, 2018, and March 26, 2018, in which the defendant threatened to assault, murder, beat, “pimp,” sodomize, or otherwise harm employees of the Department of Veterans Affairs.
An indictment merely alleges that crimes have been committed, and LaFaye, like all defendants, is presumed innocent until proven guilty beyond a reasonable doubt. If convicted, the defendant in this case faces a maximum sentence of 10 years in prison and a fine of $250,000. In addition, LaFaye may be ordered to pay restitution and additional assessments as well as serve a period of supervised release as part of a sentence. However, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
The defendant currently is in state custody on other charges. His next appearance in federal court has not yet been scheduled.
This prosecution is the result of an investigation by the VA OIG CID with assistance from the United States Department of Veterans Affairs Police, the FBI, the San Mateo Police Department, and the San Francisco Police Department.
San Diego Laboratory Agrees to Pay $2 Million to Settle False Claims Act Allegations Related to Unnecessary Breast Cancer TestingRead the Press Release
Biotheranostics Inc. has agreed to pay $2 million to resolve allegations that it submitted and caused the submission of false claims to Medicare for Breast Cancer Index (BCI) tests that were not reasonable and necessary for the diagnosis and treatment of breast cancer, the Department of Justice announced today. Biotheranostics is a diagnostic laboratory testing company located in San Diego, California.
“Health care providers are responsible for ensuring that the services they provide to Medicare beneficiaries are both reasonable and necessary,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “Laboratories that knowingly submit claims for non-reimbursable services will be held accountable.”
By statute, Medicare can only pay for laboratory tests that are reasonable and necessary for the diagnosis or treatment of a patient’s illness or injury. The United States alleged that Biotheranostics knowingly promoted and performed the BCI test for breast cancer patients who had not been in remission for five years and who had not been taking tamoxifen, and thus for whom the test was not reasonable and necessary based on published clinical trial data and clinical practice guidelines.
“Fighting health care fraud will continue to be a priority of this office,” said United States Attorney Adam L. Braverman for the Southern District of California. “As this settlement demonstrates, we will vigorously investigate and hold responsible laboratories and other providers that choose to submit claims to federal health care programs for unauthorized or unnecessary services.”
The United States’ investigation was a coordinated effort by the Civil Division of the Department of Justice, the U.S. Attorney’s Office for the Southern District of California, and the Department of Health and Human Services Office of Inspector General.
The claims settled by this agreement are allegations only; there has been no determination of liability.
Sacramento Man Indicted for Being a Felon in Possession of a FirearmRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a one-count indictment today against Tony Cong Van, 31, of Sacramento, charging him with being a felon in possession of a firearm, U.S. Attorney McGregor W. Scott announced.
According to court documents, Van was arrested on February 2, 2018, after a traffic stop resulted in the seizure of a Glock 27 pistol with a high-capacity magazine loaded with 29 rounds of ammunition. Because Van was previously convicted of felonies in Sacramento County, he is prohibited from possessing firearms.
This case is the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Sacramento Police Department, and the Sacramento County District Attorney’s Office. Assistant U.S. Attorney Justin Lee is prosecuting the case.
If convicted, Van faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
Round Rock Man Faces Federal Counterfeiting ChargesRead the Press Release
Authorities in Austin today arrested 58-year-old Steve Kim on federal counterfeiting charges, announced United States Attorney John F. Bash, and Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden, San Antonio.
A federal grand jury indictment returned this week charges Kim with one count of conspiracy to defraud the United States and one count of trafficking in counterfeit goods. According to the indictment, from January 2010 until June 2, 2017, Kim knowingly sold more than $325,000 worth of counterfeit sports apparel on eBay. A vast majority of the items was acquired in China and shipped to his home in Round Rock. Those items included National Basketball Association (NBA), Major League Baseball (MLB), National Football League (NFL), and National Hockey League (NHL) jerseys and hats.
On June 2, 2017, federal and state authorities executed a search warrant at the defendant’s residence and seized more than 2,300 items bearing counterfeit markings to include NBA, MLB, NFL, NHL, Reebok, Louis Vuitton, New Era and others. Suggested retail value of the seized items exceeds $189,000.
Upon conviction, Kim faces up to five years in federal prison on the conspiracy charge and up to ten years in federal prison on the counterfeit goods charge.
HSI Austin, with assistance from the Austin Police Department and the Williamson County Sheriff’s Office, investigated this case. Assistant United States Attorney Michael Galdo is prosecuting this case on behalf of the Government.
It is important to note that an indictment is merely a charge and should not be considered as evidence of guilt. The defendant is presumed innocent until proven guilty in a court of law.
Reserve Man Sentenced to 60 Months in Prison for Cocaine ConspiracyRead the Press Release
U.S. Attorney Duane A. Evans announced that RESHAD FRANK, age 40, of Reserve, was sentenced today for charges relating to narcotics trafficking.
FRANK pled guilty on October 12, 2017, to conspiring to distribute and to possess with the intent to distribute a quantity of cocaine hydrochloride.
Judge Jane Triche Milazzo sentenced FRANK to 60 months in the Bureau of Prisons, as well as 3 years of supervised release following the term of imprisonment.
U.S. Attorney Evans praised the work of the Drug Enforcement Administration and the St. John the Baptist Parish Sheriff’s Office. Assistant U.S. Attorney Nicholas D. Moses is in charge of the prosecution.
Recently Apprehended Fugitive ChargedRead the Press Release
BOSTON – A man who was a fugitive for 20 years was indicted today in federal court in Boston in connection with failing to appear in court for a sentencing hearing in 1997.
Luis Alberto Solano-Pimental, 51, was indicted on one count of failure to appear. Solano-Pimentel was arrested on March 6, 2018, in Rhode Island after eluding law enforcement for 20 years. He has been detained since his arrest.
In 1997, Solano-Pimental pleaded guilty to passport fraud in federal court in Boston, but failed to appear on his scheduled sentencing date. Solano-Pimental remained a fugitive until he was arrested in Warwick, R.I.
The charge of failure to appear provides for a sentence of no greater than five years in prison, three years of supervised released, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; William B. Gannon, Special Agent in Charge of the U.S. Department of State, Diplomatic Security Service, Boston Field Office; John Gibbons, United States Marshal for the District of Massachusetts; and Jamie A. Hainsworth, United State Marshal for the District of Rhode Island, made the announcement today. Assistant U.S. Attorney Christine Wichers of Lelling’s Major Crimes Unit is prosecuting the case.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Randolph Man Indicted on Child Pornography ChargesRead the Press Release
BOSTON – A Randolph man was indicted today in federal court in Boston on child pornography charges.
Michael Lee, 51, was indicted on one count of sexual exploitation of children and one count each of distribution, receipt, and possession of child pornography. In December 2017, Lee was charged in a criminal complaint and arrested and has been in federal custody since.
According to court records, a search warrant at Lee’s Randolph home was conducted as part of an ongoing investigation into the online trade of child pornography through the use of Kik, an instant messaging app. Lee admitted to the agents to trading images and videos of child pornography with other Kik users, including a New Hampshire man who provided Lee with images and videos documenting the sexual abuse of the man’s eight-year-old daughter. Preliminary on-scene forensic analysis of Lee’s cell phone corroborated his admissions.
The charge of sexual exploitation of children carries a mandatory minimum sentence of 15 years and up to 30 years in prison. The charge of possession of child pornography carries a sentence of no greater than 10 years in prison. The charges of distribution and receipt of child pornography carry a mandatory minimum sentence of five years and up to 20 years in prison. All four charges provide for a minimum of five years and up to a lifetime of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office, made the announcement today. Assistant U.S. Attorney Anne Paruti, Lelling’s Project Safe Childhood Coordinator and a member of the Major Crimes Unit, is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Plymouth Robbery Results in Federal Prison TimeRead the Press Release
GREENVILLE – United States Attorney Robert J. Higdon, Jr. announced that today, GERALD KENNETH McCALOP, 24, of Butner was sentenced in United States District Court today. The charges stem from the July 20, 2017 robbery of the Jewel Shoppe in Plymouth.
Senior United States District Judge Malcolm J. Howard sentenced McCALOP TO 85 months in prison for his guilty plea to robbery of a business engaged in interstate commerce, and brandishing a firearm during and in relation to a crime of violence. McCALOP pled guilty to his participation in the robbery of the Jewel Shoppe, a jewelry store located on Water Street in Plymouth. On July 17, 2017, McCALOP and his co-defendants, Andre Cooper and Michael Leverette, entered the Jewel Shoppe armed with two handguns. The defendants held all the victims at gunpoint and one victim was tied up. The owner managed to set off the silent alarm and Plymouth Police Department officers responded within moments. When the officers arrived, the robbers were in the back trying to force their way out of the store. All three were then arrested. In the back of the store, the officers recovered jewelry, $150.00 in cash and two handguns. McCALOP provided a statement to the officers admitting his actions and implicating his co-defendants in the planning of the robbery.
Cooper and Leverette pled guilty in March 2018 to robbery and firearm charges, including felon in possession of firearms. Each are set for sentencing the week of June 12, 2018.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Investigation of this case was conducted by the Federal Bureau of Investigation and the Plymouth Police Department, with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Assistant United States Attorney John Bennett is prosecuting the case.
Plymouth Man Sentenced to 45 Months’ Imprisonment for Illegally Possessing A Firearm as A Convicted FelonRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on April 18, 2018, United States District Court Judge Robert D. Mariani sentenced Donald Korus, age 40, of Plymouth, Pennsylvania, to 45 months’ imprisonment for illegally possessing a firearm as a convicted felon.
According to United States Attorney David J. Freed, Korus unlawfully possessed a stolen handgun during an altercation outside his Plymouth home on October 2, 2015. Korus pointed the gun at two victims, who were outside Korus’s home to repossess a vehicle, and threatened them. In the ensuing struggle, the gun discharged, firing a single shot into the floor of the vehicle. Korus intentionally gave false testimony during an evidentiary hearing, resulting in additional jail time.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Plymouth Borough Police Department. Assistant United States Attorney Sean A. Camoni prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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Pittsburgher with Previous Heroin Conviction in Federal Court Pleads Guilty in Drug Trafficking ConspiracyRead the Press Release
PITTSBURGH, Pa. - A resident of Pittsburgh, Pennsylvania, has pleaded guilty in federal court to a charge of violating the federal narcotics laws, United States Attorney Scott W. Brady announced today.
Glaudis Lawrence, 45, pleaded guilty to one count before United States District Judge Mark R. Hornak.
In connection with the guilty plea, the court was advised that from in and around January 2016, and continuing until in and around July 2016, in the Western District of Pennsylvania and elsewhere, Lawrence conspired with others to distribute and possess with intent to distribute 100 grams or more of heroin, a Schedule I controlled substance. Lawrence has a prior federal felony drug-trafficking conviction that also involved heroin.
Judge Hornak scheduled sentencing for August 16, 2018, at 2:00 p.m. The law provides for a maximum total sentence of not less than 10 years and up to life in prison, a fine of $8,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history of the defendant.
Assistant United States Attorney Troy Rivetti is prosecuting this case on behalf of the government.
The Organized Crime and Drug Task force (OCDETF), comprised of members drawn from the Drug Enforcement Administration, the Allegheny County Sheriff’s Department, the Baldwin Borough Police Department, the Duquesne Police Department, Homeland Security Investigations, the Munhall Police Department, the Pennsylvania State Police, the City of Pittsburgh Bureau of Police, the Scott Township Police Department, and the West Homestead Police Department, along with assistance from the Borough of McKees Rocks Police Department, the Borough of Ambridge Police Department, the Borough of Sewickley Police Department, the Crescent Township Police Department, the City of Aliquippa Police Department, the Borough of New Brighton Police Department, and the Pennsylvania Attorney General’s Office conducted the investigation that led to the prosecution of Lawrence.
Picayune Man Sentenced to 72 Months in Prison for Trafficking MethamphetamineRead the Press Release
Gulfport, Miss – Dennis Earl Smith, 49, of Picayune, Mississippi, was sentenced today by U.S. District Judge Sul Ozerden to 72 months in federal prison followed by three years of supervised release for distributing methamphetamine, announced U.S. Attorney Mike Hurst and Thomas M. Annello, Acting Special Agent in Charge of U.S. Immigration and Customs Enforcement's Homeland Security Investigations in New Orleans.
Smith pled guilty on January 11, 2018, to one count of possession with intent to distribute methamphetamine. He was part of a five-person indictment against a group of individuals who were distributing methamphetamine in the Picayune area. During the course of the investigation, law enforcement purchased two ounces of pure methamphetamine from Smith.
The case was investigated by Homeland Security Investigations and prosecuted by Assistant U.S. Attorney John Meynardie.
Owners of Hardin and Bullitt County Moving Companies Sentenced for Defrauding the ArmyRead the Press Release
LOUISVILLE, Ky. – The owners of three moving companies, located in Bullitt and Hardin Counties in Kentucky, were sentenced today in United States District Court by Senior Judge Charles R. Simpson, to serve 15 months in prison, serve a three year period of supervised release, and pay a $7,500 fine, for overbilling the United States Army for Household Good Shipment moves of Soldiers, announced United States Attorney Russell M. Coleman. There is no parole in the federal prison system.
"This is a victory for taxpayers and a warning to those who would line their pockets by engaging in a fraud against the United States, ” stated United States Attorney Russell Coleman. This office is committed to working with our federal partners in pursuing criminal charges and financial penalties against dishonest government contractors.”
“These sentencings should serve as a deterrent to defense contractors at any level who would engage in dishonest and fraudulent practices in order to increase their profit margin,” said Brian Hauck, Special Agent-in-Charge of the U.S. Army Criminal Investigation Command's North Central Fraud Field Office. "We will diligently pursue those engaged in criminal activity that impacts the integrity of U.S. Government programs and resources within our purview."
“U.S. Armed Forces members sacrifice a great deal while serving their country, including making frequent duty station moves with their families and household goods,” said John F. Khin, Special Agent in Charge, Southeast Field Office, Defense Criminal Investigative Service. “It is unacceptable for any DoD contractor to manipulate military Permanent Change of Station moves through corrupt practices to line their pockets while providing essential transportation services to our Warfighters. These sentences highlight the effectiveness of DCIS investigations, in concert with our law enforcement partners, to combat fraud, waste, and abuse throughout the Department of Defense.”
Lonnie Curl, 63, of Brooks, Kentucky, is jointly and severally liable with the codefendant, William Kenneth Montgomery, 59, of Shepherdsville, Kentucky for the full amount of restitution due totaling $132,413.26 to the United States Army.
Both defendants admitted in open court in their plea agreements that they owned Lynn Moving and Storage, E-Town Moving and Storage, and Shadowens Moving and Storage. The three companies provided household good shipment (HHG) moves to members of military through the transportation office located at Ft. Knox in Radcliff, Kentucky, in the Western District of Kentucky. Curl and Montgomery engaged in a conspiracy to fraudulently increase the weight of HHG shipments and overbill the United States Department of the Army for HHG shipments. Curl and Montgomery agreed to instruct and instructed employees to increase the weight of HHG shipments by adding fuel prior to a final shipment weight and adding a pallet of paper weighing between 1000 to 2000 pounds, among other methods. Curl and Montgomery agreed to cause and caused the fraudulently inflated weight tickets to be submitted to the Army for payment, and agreed to cause and caused fraudulently inflated payments to be issued to Lynn Moving and Storage, E-Town Moving and Storage, and Shadowens Moving and Storage. The amount of the overpayments was $132,413.26. Both
Curl and Montgomery acted as managers and supervisors of five or more employees that were encouraged and instructed to participate in the conspiracy to increase the weight of HHG shipments billed to the United States Department of the Army.
Further, the companies and its owners admitted to violating the False Claims Act and on January 10, 2018 agreed to pay $264,826.52 in civil penalties and damages. The Consent Judgment resolved a lawsuit filed by the United States in the Western District of Kentucky styled United States of America v. Lynn Moving and Storage, Inc. et al., Civil Action No. 3:18-cv-000190-CRS (WDKY).
The criminal case was prosecuted by Assistant United States Attorney Joshua Judd and was investigated by the Defense Criminal Investigative Service and the Army Criminal Investigative Division. The civil case was handled by Assistant Untied States Attorney Ben Schecter.
montgomery_curl_sentencing_4_19_18_final_0.docOwner of Schools that Illegally Allowed Foreign Nationals to Remain in U.S. as ‘Students’ Sentenced to 15 Months in Federal PrisonRead the Press Release
LOS ANGELES – The owner of four schools that enrolled hundreds of foreign nationals who fraudulently obtained immigration documents allowing them to remain in the United States as “students” – even though they rarely, if ever, attended classes – was sentenced today to 15 months in federal prison and ordered to forfeit more than $450,000.
Hee Sun Shim (also known as Leonard Shim and Leo Shim), 54, of Hancock Park, was sentenced by United States District Judge George H. Wu. Shim, who was ordered to begin serving his sentence in 60 days, was further ordered to forfeit to the government $431,508 seized from bank accounts and $34,860 in cash seized during the execution of a federal search warrant at his former residence in Beverly Hills in March 2015.
Shim pleaded guilty last year to one count of conspiracy to commit immigration fraud and one count of immigration document fraud in relation to what prosecutors called “a sophisticated, extensive, and lucrative fraud scheme that operated for many years in the Koreatown area of Los Angeles.”
Shim, along with two co-defendants – ran a “pay-to-stay” scheme through three schools in Koreatown – Prodee University/Neo-America Language School; Walter Jay M.D. Institute, an Educational Center (WJMD); and the American College of Forensic Studies (ACFS). A fourth school in Alhambra – Likie Fashion and Technology College – was also involved in the scheme, which ran for at least five years.
Prodee and the other schools issued immigration documents to foreign nationals who were not bona fide students, had no intention of attending the schools, and sometimes lived outside of California – including in the states of Washington and New York. As part of the conspiracy, Shim created bogus student records, including transcripts, for some of the students for the purpose of deceiving immigration authorities. In exchange for the immigration documents that allowed them to remain in the United States, the purported “students” made “tuition” payments to Shim and his co-conspirators to “enroll” and remain enrolled at the schools.
The investigation in this case began in 2011 after a compliance team with U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), Student and Exchange Visitor Program, made an unannounced site visit to Prodee University’s main campus on Wilshire Boulevard. During the visit, the team observed only one English language class with three students in attendance, even though records indicated nearly 1,000 foreign students were enrolled at Prodee’s two campuses. That same day, an unannounced visit to ACFS found only one religion class in session with a single student present, even though the school had more than 300 foreign students in active status.
As detailed in court papers, Prodee and its affiliated schools were authorized to issue a document that certified a foreign national had been accepted to a school and would be a full-time student. The document – “Certificate of Eligibility for Nonimmigrant (F-1) Student Status - for Academic and Language Students,” which is commonly called a Form I-20 – made a student eligible to obtain an F-1 student visa that would allow the student to enter and remain in the United States while the student was making normal progress toward completing a full course of study.
“As [Shim] and his co-conspirators knew, these Form I-20s were based on false claims, false statements, and fraud since the purported foreign students had no intention of attending school and were not bona fide students,” Shim admitted in his plea agreement.
Two other defendants charged in this case – Hyung Chan Moon and Eun Young Choi – previously pleaded guilty to conspiracy and immigration document fraud. Moon is scheduled to be sentenced by Judge Wu on May 17, and Choi is scheduled to be sentenced on June 7.
The investigation into the Prodee schools was conducted by HSI, which received substantial assistance from U.S. Citizenship and Immigration Services’ Fraud Detection and National Security Division.
This case is being prosecuted by Assistant United States Attorneys Wilson Park of the Violent and Organized Crime Section, Lindsey Dotson of the Public Corruption and Civil Rights Section, and Katie Schonbachler of the Asset Forfeiture Section.
Oakland Residents Charged with Cocaine Distribution Offenses and Related CrimesRead the Press Release
OAKLAND - A federal grand jury indicted six individuals, all of whom are Oakland residents, for distributing drugs in the area of 85th Avenue and International Boulevard in East Oakland, announced United States Attorney Alex G. Tse; Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Jill A. Snyder; and Drug Enforcement Administration (DEA) Assistant Special Agent in Charge Chris Nielsen. The indictments were unsealed today.
The six defendants all were charged in separate indictments as part of a larger crackdown against drug distributers in the area. The indictments charge conduct occurring between February 2017 and April 2018, and each defendant is charged with distribution of cocaine, cocaine base, or both. In addition, two defendants, Timothy Crawford and Ridell Lambert, are charged with being felons in possession of a firearm. The precise charges against each defendant, as well as their ages, are set out in the chart below:
Defendant
Age
Charges
Statute
Timothy Crawford
55
Distribution of 28 Grams or More of Cocaine Base
21 U.S.C. §§ 841(a)(1) and (b)(1)(B)(iii)
Distribution of Cocaine Base
21 U.S.C. §§ 841(a)(1) and (b)(1)(C)
Felon in Possession of a Firearm
18 U.S.C. §922(g)(1)
Alan Johnson
40
Distribution of 28 Grams or More of Cocaine Base
21 U.S.C. §§ 841(a)(1) and (b)(1)(B)(iii)
Distribution of Cocaine and/or Cocaine Base
21 U.S.C. §§ 841(a)(1) and (b)(1)(C)
Ridell Lambert
30
Distribution of 28 Grams or More of Cocaine Base
21 U.S.C. §§ 841(a)(1) and (b)(1)(B)(iii)
Distribution of Cocaine and/or Cocaine Base
21 U.S.C. §§ 841(a)(1) and (b)(1)(C)
Felon in Possession of a Firearm
18 U.S.C. §922(g)(1)
Wilmon Ingram
40
Distribution of Cocaine Base
21 U.S.C. §§ 841(a)(1) and (b)(1)(C)
Karlos Ely
52
Distribution of 28 Grams or More of Cocaine Base
21 U.S.C. §§ 841(a)(1) and (b)(1)(B)(iii)
Keith Woodson
34
Distribution of Cocaine and/or Cocaine Base
21 U.S.C. §§ 841(a)(1) and (b)(1)(C)
An indictment merely alleges that crimes have been committed, and the defendants are presumed innocent until proven guilty beyond a reasonable doubt. The maximum statutory penalties for the crimes of which the defendants have been accused are as follows:
Distribution of 28 Grams or More of Cocaine Base
21 U.S.C. §§ 841(a)(1) and (b)(1)(B)(iii)
Minimum 5 years prison
Maximum 40 years
Minimum 4 years supervised release following incarceration
Maximum lifetime supervised release
Maximum $5,000,000 fine
Distribution of Cocaine and/or Cocaine Base
21 U.S.C. §§ 841(a)(1) and (b)(1)(C)
Maximum 20 years imprisonment
Maximum lifetime supervised release following incarceration
Minimum 3 years supervised release
Maximum $1,000,000 fine
Felon in Possession of a Firearm
18 U.S.C. § 922(g)(1)
Maximum 10 years in prison
Maximum 3 years supervised release
Maximum $250,000 fine
Additional fines, forfeitures, denial of federal benefits, and restitution may be ordered; however, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
The defendants, except Crawford, were arrested yesterday as part of a criminal enforcement operation and made their initial appearances this morning in federal court before Kandis A. Westmore, U.S. Magistrate Judge. Magistrate Judge Westmore scheduled appearances for defendants Johnson and Ingram on April 23, 2018, and Lambert and Woodson on April 24, 2018, to consider their detention status. Judge Westmore scheduled an appearance for Ely on April 23, 2018, to identify his counsel. No federal appearance has been scheduled yet for Crawford.
In addition to these federal defendants, Arthur Long, 33, and Deshawn Murphy, 26, both from Oakland, are being prosecuted by the Alameda District Attorney’s Office for alleged violations of California Health and Safety Code § 11352. Questions about the state charges may be directed to the District Attorney’s Office.
Assistant U.S. Attorneys Helen Gilbert and Shailika Kotiya are prosecuting the case. The prosecutions are the result of an investigation by the ATF and the DEA with assistance from the Oakland Police Department. The investigation is part of this district’s Organized Drug Enforcement Task Force program.
New York Woman Pleads Guilty in Complex Fraud Scheme Involving Credit Card Payment ProcessingRead the Press Release
PITTSBURGH, PA –A New York resident pleaded guilty in federal court to a charge of conspiracy to commit bank, mail, and wire fraud, United States Attorney Scott W. Brady announced today.
Svetlana Kapralova, 30, of Astoria, New York, pleaded guilty to one count before United States District Judge David S. Cercone.
In connection with the guilty plea, the court was advised that Kapralova was involved in a complex fraud that involved fraudulently processing credit card payments. The credit card companies will not allow their products and services to be used to pay for certain precluded activities, including the on-line sales of pharmaceutical drugs and of products violating trademark infringement laws. Kapralova participated in the conspiracy designed to conceal from the credit card companies the fact she and her co-conspirators used their products and services to pay for precluded activities and to subvert the internal controls the credit card companies had in place to detect and prevent this type of activity. The fraud involved establishing shell corporations and web sites associated with the shell companies that falsely claimed that they sold a product other than pharmaceutical drugs or products that violated trademark infringement laws. The conspirators then applied for merchant accounts from the credit card companies in the names of the shell corporations and the fake web sites. Once the merchant accounts were established, they were used to process payments for pharmaceutical drugs or products that violated trademark infringement laws. Additionally, the conspirators arranged for the credit card statements sent to the consumers to have the names of the shell corporations and telephone numbers. The conspirators set up a telephone bank to receive calls from customers questioning billings on their credit card statements, and the conspirators explained to the customers the true nature of the transactions in hopes of avoiding charge-backs that could cause the credit card companies to question the legitimacy of the transactions.
Judge Cercone scheduled sentencing for August 31, 2018 The law provides for a total sentence of 30 years in prison, a fine of $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Brendan T. Conway is prosecuting this case on behalf of the government.
The Food and Drug Administration – Office of Criminal Investigations, Homeland Security Investigations, Pennsylvania State Police, and United States Postal Inspection Service conducted the investigation that led to the prosecution of Kapralova.
New York Man Pleads Guilty to Credit Card FraudRead the Press Release
John H. Durham. United States Attorney for the District of Connecticut, today announced that XIAO BIN XU, 22, of Bayside, New York, waived his right to be indicted and pleaded guilty yesterday before Chief U.S. District Janet C. Hall in New Haven to one count of access device fraud.
According to court documents and statements made in court, between July 2014 and April 2015, XU was a member of a group of individuals from New York that engaged in counterfeit credit card transactions at retail stores along the East Coast. Mei Bao Lu was the ringleader of the group and Yang-Shi Lin was Lu’s second-in-command. As part of the scheme, Lu provided several individuals (“buyers”) with counterfeit credit cards, which had been produced from credit card information skimmed from cardholders, and directed the buyers to purchase gift cards and luxury merchandise using the counterfeit cards. Lu then sold the items to other individuals at a discount in order to be fenced or sold on the black market. XU was one of the buyers in the group and also recruited other individuals to serve as buyers. The group engaged in fraudulent credit card transactions at retail stores in Connecticut, Florida, Maine, Massachusetts, New York, New Jersey, Pennsylvania and West Virginia.
In total, the group members used 120 counterfeit credit cards, issued by 18 victim financial institutions, to make a total of approximately $179,000 in fraudulent purchases.
The investigation began in February 2015 when the Clinton Police Department and other police departments in nearby Connecticut towns received several complaints from citizens about unauthorized charges on their credit and debit cards. The investigation revealed that many of the complaining citizens had all dined at the same Clinton restaurant during a two-week period in early February 2015.
Chief Judge Hall scheduled sentencing for July 24, 2018, at which time XU faces a maximum term of imprisonment of 10 years. XU has been released on bond since his arrest on September 10, 2015.
Lu and Lin, both of Flushing, New York, previously pleaded guilty to related charges. On February 5, 2018, Chief Judge Hall sentenced Lin 12 months and one day of imprisonment. On February 7, Chief Judge Hall sentenced Lu to 18 months of imprisonment.
Several other members of LU’s group were charged and convicted for credit card related offenses in state and federal courts in Maine, New Jersey, New York, and West Virginia.
This investigation has been conducted by Homeland Security Investigations and the Clinton Police Department. The U.S. Secret Service, Millburn (N.J.) Police Department, New York Police Department, New York State Police, Acton (Mass.) Police Department, and Barboursville (W. Va.) Police Department assisted with the investigation. The case is being prosecuted by Assistant U.S. Attorney Neeraj N. Patel.
New York Man Admits Violent Multi-State Criminal Rampage Involving Kidnapping, Assault, and ArsonRead the Press Release
NEWARK, N.J. – A Bronx, New York, man today admitted engaging in a violent, multi-state crime spree in which he kidnapped his former girlfriend, assaulted a federal employee, and set fire to a used car dealership, U.S. Attorney Craig Carpenito announced.
Luis Figueroa, 37, pleaded guilty before Senior U.S. District Judge Stanley R. Chesler in Newark federal court to Counts One, Three, Five and Six of an indictment charging him with kidnapping, possession of a firearm by a convicted felon, assaulting an employee of the United States, and arson.
According to documents filed in this case and statements made in court:
On the morning of June 6, 2014, Figueroa – armed with a shotgun – waited outside the Hazleton, Pennsylvania apartment of his former girlfriend, identified as “Victim 1” in the indictment. When Victim 1 emerged from the apartment, Figueroa physically assaulted Victim 1, including striking Victim 1 in the head with the shotgun.
Afterwards, Figueroa led Victim 1 to a red SUV, where he forced Victim 1 into the backseat. Figueroa then drove Victim 1 across state lines to New Jersey, eventually stopping at rest stop area near the Kittatinny Point Visitor’s Center, on federal property. After Figueroa left the red SUV to dispose of the shotgun in a nearby wooded area, Victim 1 climbed into the driver’s seat of the red SUV and drove away to safety.
After returning and discovering both Victim 1 and the red SUV were missing, Figueroa approached a National Park Service employee – identified in the indictment as “Victim 2” – who was blowing leaves. Figueroa led Victim 2 to a nearby storage room, where he slammed Victim 2’s head against a door and threatened to harm Victim 2 further if Victim 2 did not hand over Victim 2’s car keys. Victim 2 complied, and Figueroa fled the scene in Victim 2’s red minivan.
Figueroa drove Victim 2’s red minivan to Paterson, New Jersey, where Figueroa entered a used car dealership operated by a person with whom Figueroa had a business relationship. Figueroa asked an employee for a portable gas canister, which he filled shortly thereafter at a nearby gas station.
Figueroa then returned to the dealership, went to a small office building on the dealership property, and doused the structure with gasoline. After a brief struggle with a dealership employee, Figueroa ignited a match and set the building on fire, engulfing the structure in flames. Figueroa set himself on fire in the process, as well. Figueroa extinguished himself with a nearby garden hose, and then fled the scene in a white SUV.
Law enforcement officers searched for Figueroa and the white SUV, eventually locating it on the George Washington Bridge heading into New York. Figueroa ignored officers’ commands to stop, leading to a high-speed chase in which Figueroa rammed the white SUV into multiple police vehicles. At one point, Figueroa got out of the white SUV and fled on foot. Officers placed Figueroa under arrest shortly thereafter.
According to the terms of the plea agreement, if accepted by the court, Figueroa will receive a term of 26 years in prison. Sentencing is scheduled for July 19, 2018.
U.S. Attorney Carpenito credited special agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent in Charge John B. Devito in Newark Field Division, with the investigation leading to today’s plea. He also thanked the Hazelton City Police Department, the Luzerne County, Pennsylvania, District Attorney’s Office, the N.J. State Police, the Warren County Prosecutor’s Office, the Passaic County Prosecutor’s Office, the Bergen County Prosecutor’s Office, the Port Authority of New York and New Jersey Police Department, and the Manhattan District Attorney’s Office for their assistance.
The government is represented by Assistant U.S. Attorney Jamari Buxton of the U.S. Attorney’s Office’s Criminal Division in Newark.
Defense counsel: Michael N. Pedicini Esq., Chatham, New Jersey
New York City Pharmacy Owner Pleads Guilty to Committing $8.5 Million Fraud on Medicare and MedicaidRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that SAJID JAVED, an owner and operator of nine different pharmacies in the New York City area, pled guilty today to participating in a health care fraud scheme that used his pharmacies to submit more than $8.5 million in fraudulent claims to Medicare and Medicaid. JAVED was arrested in 2016 as part of an unprecedented nationwide sweep led by the Medicare Fraud Strike Force, resulting in criminal and civil charges against more than 300 individuals for their alleged participation in health care fraud schemes involving approximately $900 million in false billings. JAVED pled guilty in Manhattan federal court today before the Honorable Vernon S. Broderick.
Manhattan U.S. Attorney Geoffrey S. Berman said: “As he admitted in court today, Sajid Javed fraudulently billed Medicare and Medicaid more than $8.5 million for drugs that were never actually dispensed. He did this by inducing others to forego their prescription medications for kickbacks. This scheme not only put patients at risk, it also contributed to the multibillion-dollar theft of federally funded public health care subsidies.”
According to the Complaint and the Superseding Information filed in Manhattan federal court, and statements made in connection with JAVED’s guilty plea:
While owning and operating nine different pharmacies in Brooklyn and Queens, JAVED perpetrated a multimillion-dollar scheme to defraud Medicare and Medicaid programs by seeking reimbursement for prescription drugs that were never distributed to customers. From January 2013 through July 2015, JAVED obtained more than $8.5 million in reimbursements from Medicare and Medicaid for prescription drugs that his pharmacies never actually dispensed to customers. JAVED tricked Medicare and Medicaid into paying these reimbursements by obtaining prescriptions from individuals who were willing to forego delivery of the medications in exchange for a share of the reimbursements. JAVED offered to pay, and in fact paid, such kickbacks in furtherance of the unlawful scheme.
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JAVED, 47, of Fresh Meadows, Queens, pled guilty to one count of conspiracy to commit health care fraud, which carries a maximum sentence of five years in prison. The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
JAVED is scheduled to be sentenced by Judge Broderick on August 24, 2018, at 2:30 p.m.
Mr. Berman praised the investigative work of the Federal Bureau of Investigation and the Department of Health and Human Services Office of the Inspector General.
The case is being prosecuted by the Office’s Complex Frauds and Cybercrime Unit. Assistant United States Attorneys Christopher J. DiMase and Sarah E. Paul are in charge of the prosecution.
New Orleans Woman Pleads Guilty to Assaulting Postal WorkerRead the Press Release
U.S. Attorney Duane A. Evans announced that ANITRA SMITH, age 37, a resident of New Orleans, pleaded guilty today to a one-count bill of information with assaulting, resisting, or impeding certain officers or employees, in violation of Title 18, United States Code, Section 111(a).
According to the bill of information, SMITH assaulted an employee of the U.S. Postal Service while that person was on duty. SMITH faces a maximum term of imprisonment of one year, a maximum fine of $100,000, a maximum term of supervised release of one year, and a mandatory $25 special assessment.
U.S. Attorney Evans praised the work of the United States Postal Inspection Service in investigating this matter. Assistant United States Attorney J. Ryan McLaren is in charge of the prosecution.